Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Tanzymore v. Bethlehem Steel Corp.: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
No edit summary |
||
Line 4: | Line 4: | ||
|date=March 29, 1972 | |date=March 29, 1972 | ||
|subject=Civil Procedure | |subject=Civil Procedure | ||
|appealed_from=U.S.D.C., Eastern District of Pennsylvania | |||
}} | }} | ||
'''Facts''': | '''Facts''': |
Latest revision as of 18:56, March 7, 2020
Tanzymore v. Bethlehem Steel Corp. | |
Court | U.S. Court of Appeals, 3rd Circuit |
---|---|
Citation | 457 F.2d 1320 (3d Cir. 1972) |
Date decided | March 29, 1972 |
Appealed from | U.S.D.C., Eastern District of Pennsylvania |
Facts:
Tanzymore filed a complaint in the federal court seeking damages for personal injuries against a Pennsylvania company. Depositions were taken, and while the complaint alleged Tanzymore was an Ohio domiciliary, nothing in the deposition was consistent with this assertion.
Issues
Whether a hearing is required to determine domiciliary residence, or whether the burden of supporting the allegations is on the plaintiff.
Holding/Decision
Complaint dismissed.
Rules
A hearing is not required so long as the court has afforded the plaintiff notice and a fair opportunity to be heard.When the jurisdictional allegations are traversed, the plaintiff has the burden of supporting those allegations.